ARUBA eGUIDE® APP End User License Agreement

ARUBA eGUIDE® APP End User License Agreement

Effective Date: March 1, 2013

The Aruba eGuide Application and its associated servers, data, user input, and content (hereinafter “Aruba eGuide App”) and the website available at aruba-eguide.com is owned by Biz Media vba, a corporation organized under the laws of Aruba (hereinafter “Owner”), and is licensed to you in accordance with the terms of this End User License Agreement (hereinafter “Agreement”).  This Agreement is made by and between you, the downloader and user of the Aruba eGuide App, and Owner, and governs your use of the Aruba eGuide App.  You acknowledge that you have a duty to read, understand, and assent to the terms of this Agreement. If you do not agree to the terms of this Agreement, you are expressly prohibited from downloading and/or using the Aruba eGuide App and must terminate your use of and uninstall the Aruba eGuide App immediately.

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE YOU INSTALL AND RUN THIS APP ON YOUR MOBILE DEVICE. YOUR INSTALLATION, USE, OR OPERATION OF THIS ARUBA EGUIDE APP CONSTITUTES YOUR MANIFESTATION OF ASSENT TO AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT.  THIS AGREEMENT DOES NOT REPLACE BUT IS IN ADDITION TO ANY ITUNES AGREEMENT REQUIRED BY APPLE AND TO ANY GOOGLE PLAY STORE/ANDROID MARKET AGREEMENT REQUIRED IN ORDER TO DOWNLOAD AND USE THE ARUBA EGUIDE APP.

Owner reserves the right, in its sole and absolute discretion, to discontinue the Aruba eGuide App or to modify, change, replace, or discontinue this Agreement. If Owner modifies, changes, or discontinues the terms of this Agreement, the Effective Date, located above, will change. Your installation or use of the Aruba eGuide App after a change in the Effective Date of this Agreement constitutes your acceptance of and manifestation of assent to any modification, change, or replacement.

You warrant and agree that you have the right, power, and legal capacity to enter into this Agreement and to adhere to the terms and conditions hereunder. You further warrant and agree that you are not prohibited from entering into this Agreement by any preexisting agreement. You warrant and agree that you are a human individual that is at least thirteen (13) years of age or older.  If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you or your parent or guardian understand it.  You agree to comply, in good faith, with the terms of this Agreement.

Use of the Aruba eGuide App

Owner’s Aruba eGuide App offers registered membership accounts (“Members”), depending upon their level of membership, the ability to display and provide information concerning their products and services to you, the Aruba eGuide App user.  You may submit reservations requests to Members, review the products or services of Members and otherwise receive information via your use of the Aruba eGuide App. 

When making a reservation, you agree that Owner collects and provides your information to Member and Owner does not and is not responsible for the fulfillment of any reservations.  You expressly agree that, by submitting a reservation via the Aruba eGuide App, Owner may store your information, consistent with its Privacy Policy, so as to provide such information to Member and Member may contact you directly, including via email.  You further expressly agree that Owner remembers your information and reservations you have made in order to make the placing of your future reservations more efficient, unless you indicate otherwise to Owner by opting out of the remembering of such information.  All terms of such reservations, including payment, is between you and Member, and not Owner.  You acknowledge and agree that Owner does not own or control such third parties, including Members, or third party payment processors and will not be held liable for any claims, demands, causes of action, debts, liabilities, damages, costs, or expenses, including costs and reasonable attorneys fees, arising out of or in relation to your use of such third party services, products, or payment processing.  You understand and agree that any purchase made in the Aruba eGuide App may be processed by someone other than Owner.  You are advised to read the terms of use agreement of any such third party, including any third party payment processor.

You acknowledge and agree that, while it is free to download the Aruba eGuide App, you may be required to subscribe to the Aruba eGuide App and pay a subscription fee in order to access certain features of the Aruba eGuide App otherwise not available upon download.

Limited License Grant

Owner grants you a limited, non-exclusive, royalty free, non-sublicensable, non-transferrable, and non-assignable license to install and use one copy of the Aruba eGuide App in executable object code form to be used on a single mobile device for non-commercial purposes. 

The Aruba eGuide App, including but not limited to any text, software, scripts, graphics, photos, sounds, music, videos, and interactive features, as well as its associated data and services, is the property of, owned by, or licensed to Owner. You acknowledge and agree that you are prohibited from copying, making derivative works of, modifying, publicly performing, publicly displaying, streaming, exploiting, broadcasting, decompiling, adapting, distributing, reproducing, republishing, scraping, transmitting, selling, posting, or hacking the Aruba eGuide App, in whole or in part, without the prior written consent of Owner. You understand and agree that you are prohibited from using the Aruba eGuide App in any way inconsistent with or in violation of this Agreement or any local, state, provincial, national, or international law, regulation, statute, ordinance, or treaty.

You are hereby prohibited from using the trademarks, service marks, design marks, and logos of Owner, or any colorable imitation thereof, or any mark not owned or licensed by you as an indicator of source, as a part of a domain name, or in any way that is likely to cause confusion without the prior written consent of Owner. The Aruba eGuide App is subject to all intellectual property laws, including but not limited to trademark, copyright, patent and trade secret laws.

You are prohibited from using the Aruba eGuide App for any uses not explicitly stated in this Agreement. Such unauthorized uses may include:

  • Any commercial use, such as the resale or republication of the Aruba eGuide App;
  • Any modification of the Aruba eGuide App, including but not limited to translation into another computer language or the creation of derivative works from the Aruba eGuide App;
  • Any use of the Aruba eGuide App outside of its customary or intended purposes;
  • Any use of the Aruba eGuide App to transmit any material that violates the rights of third parties, including but not limited to material that contains or constitutes intellectual property infringement, false advertising, or defamation;
  • Any use of the Aruba eGuide App to defraud, to impersonate, to harass, to participate in or promulgate ponzi schemes, pyramid schemes, chain letters, unsolicited bulk or commercial emails, or to collect personal or personally identifiable information from users of the Aruba eGuide App without their knowledge or consent; or
  • Any other activity that disrupts the Aruba eGuide App or its associated services, including but not limited to through hacking or denial of service attacks.

Owner retains the right to terminate this non-exclusive license for a violation of this Agreement, a violation of the rights of a third party, or a violation of any applicable local, state, provincial, national, or international law, regulation, statute, ordinance, or treaty.

User-Generated Content

The Aruba eGuide App contains content not created by or provided by Owner, including content provided by Members.  The Aruba eGuide App may allow you to submit user generated content to a server, including but not limited to reviews of Members and/or their products and/or services, reservations, products and/or services purchased, name, and location (including, without limitation, address, telephone number, city, state, zip code) (hereinafter “User Generated Content”). You hereby grant Owner, and its licensees, a non-exclusive, worldwide, royalty-free, sublicensable, transferrable, and irrevocable license to use, display, copy, distribute, publish, perform, transmit, broadcast, stream, prepare derivative works of, sell, modify, and adapt any User Generated Content that you add to or submit through the Aruba eGuide App for the purposes of the Aruba eGuide App. The purposes of the Aruba eGuide App may include but are not limited to making copies of your User Generated Content for storage or archival purposes, uploading your User Generated Content to Owner’s servers or those of third party service providers it uses, and submitting your User Generated Content to third parties, including Members, with whom Owner has an agreement or upon your request. You hereby explicitly agree to waive all moral rights in or to your User Generated Content. Owner does not claim any ownership rights in or to your User Generated Content outside of this non-exclusive license.

You acknowledge and agree that you are solely responsible for any User Generated Content that you submit to the Aruba eGuide App. You warrant that you are the exclusive owner of all right, title, and interest in and to any User Generated Content that you submit to the Aruba eGuide App and that you have the right to convey all right, title, and interest in and to the User Generated Content free and clear of any and all claims, liens, or encumbrances. You warrant and agree that your User Generated Content will not violate or infringe upon the rights of third parties, including but not limited to copyright, trademark, privacy, publicity, or other personal or proprietary rights. You also warrant and agree that any User Generated Content that you submit to the Aruba eGuide App will not contain defamatory material or other material in violation of local, state, provincial, national, or international laws, regulations, ordinances, statutes, or treaties.  Particularly, you agree that your use of the Aruba eGuide App will not defraud, impersonate another, harass or otherwise violate local, state, provincial, national, or international laws, regulations, ordinances, statutes, or treaties.

You acknowledge and agree that Owner is a service provider and will not be held liable for any costs or fees incurred by you through your use of the Aruba eGuide App, including but not limited to mobile carrier fees, SMS or other text message fees, or payment provider fees.

Copyright Policy

The Aruba eGuide App and its contents are © 2013 Media Biz vba.  All rights not expressly granted herein are reserved to Owner.

Feedback

Owner encourages its users to submit comments, suggestions, and error reports to Owner. You acknowledge and agree that any feedback submitted to Owner, including but not limited to any intellectual property or other proprietary information contained within that feedback, will become the exclusive property of Owner. You agree to assign all right and title in or to any and all feedback that you submit to Owner and execute any and all documents necessary to assign your rights to any and all feedback to Owner upon Owner’s request, including but not limited to any documents necessary to perfect Owner’s rights in and to intellectual property or proprietary rights.

Disclaimer and Limitation of Liability

You acknowledge and agree that the content contained within the Aruba eGuide App will not be considered a representation to reasonably be relied upon and nothing within the Aruba eGuide App will be construed to create a duty of care in Owner or a warranty of any kind. You acknowledge and agree that Owner takes no responsibility and cannot be held liable for all the information contained within the Aruba eGuide App, User Generated Content contained within the Aruba eGuide App, products or services provided by Members, information or websites linked to through the Aruba eGuide App, information sent to Owner by third parties, and information intercepted by third parties. You agree to hold Owner harmless for any and all inaccuracies, omissions, errors, loss of data, corruption of data, failure of hardware, failure of the Aruba eGuide App, or misuse of the Aruba eGuide App.

OWNER PROVIDES THE ARUBA EGUIDE APP ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE ARUBA EGUIDE APP AT YOUR OWN RISK AND THAT OWNER WILL NOT BE HELD LIABLE FOR ANY DEFECTS, ERRORS, OMISSIONS, BUGS, OR DOWNTIME. ANY ATTEMPT BY OWNER TO MODIFY THE ARUBA EGUIDE APP WILL NOT BE DEEMED TO BE A WAIVER OF THIS LIMITATION OF LIABILITY. OWNER WILL NOT BE HELD LIABLE FOR ANY CONTENT CONTAINED WITHIN THE ARUBA EGUIDE APP, ANY THIRD PARTY LINKS ACCESSIBLE THROUGH THE ARUBA EGUIDE APP, ANY CONDUCT OF MEMBERS OF THE ARUBA EGUIDE APP, OR ANY CONTENT TRANSMITTED THROUGH THE ARUBA EGUIDE APP.

OWNER WILL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, SPECIAL DAMAGES, EXEMPLARY DAMAGES, INDIRECT DAMAGES, LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, OR LOST INFORMATION ARISING OUT OF THE USE, WHETHER PROPER OR IMPROPER, OF THE ARUBA EGUIDE APP, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OWNER DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR IN, OMISSION OF, INTERRUPTION OF, DELETION OF, DEFECT IN, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY DATA. YOU BEAR THE SOLE RESPONSIBILITY TO PROTECT AND BACKUP YOUR OWN DATA, NETWORK, HARDWARE, SYSTEMS, SERVERS, SOFTWARE, COMPUTERS, PHONES, AND SECURITY.

YOU ACKNOWLEDGE AND AGREE THAT OWNER’S LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT THAT YOU PAID FOR THE ARUBA EGUIDE APP, OR ANY SUBSCRIPTION TO THE ARUBA EGUIDE APP, OR $50, WHICHEVER IS GREATER. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS LISTED IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Notwithstanding the above, Owner shall not be liable to you for loss or damage arising out of circumstances beyond its control, including Acts of God (such as earthquakes, tornadoes, storm, flood, and fire), accidents (such as plane, boat, or vehicle crashes), and similar events.  Furthermore, in no event shall Owner be liable, and you forever release the same, for any of the following:

            a. errors or omissions on the Aruba eGuide App;

b. loss of connectivity to or display on the Aruba eGuide App;

c. failure by any Member to fulfill a reservation made via the Aruba eGuide App, if any;

            d. delays to, interruptions of or cessation of the Aruba eGuide App;

            e. any consequential loss, irrespective of whether Owner was put on notice of the same.

You are expressly prohibited from using or otherwise exporting the Aruba eGuide App except as authorized by the laws of Aruba.

Indemnification

You agree to indemnify, hold harmless, and defend Owner, its officers, members, employees, agents, and directors from and against any and all claims, demands, causes of action, debts, liabilities, damages, costs, or expenses, including costs and reasonable attorneys fees, arising out of or in relation to your use of the Aruba eGuide App, your violation of a term or provision of this Agreement, or your violation of the rights of a third party. You agree that your obligation to hold harmless, defend, and indemnify Owner will survive the termination or failure of this Agreement and your use of the Aruba eGuide App. You acknowledge and agree that your obligation to defend Owner will not provide you with the right to control Owner’s defense and you expressly agree that Owner has the right to direct and control its defense regardless of your obligation to defend Owner.

Assignment

You are expressly prohibited from assigning your rights or obligations under this Agreement without Owner’s prior written consent. Owner may assign its rights or obligations under this Agreement at any time, including but not limited to in a sale of the Owner’s business or in a sale of the Aruba eGuide App.

Integration

This Agreement constitutes the entire agreement between the parties relating to the subject matter of this Agreement and hereby supersedes all prior agreements, statements, or representations. This Agreement may only be modified by a writing signed by both parties.

Choice of Laws and Resolution of Disputes

You agree that for all legal and non-legal purposes, the Aruba eGuide App is located in Aruba. You agree that the Aruba eGuide App does not give rise to personal jurisdiction over Owner in jurisdictions other than in Aruba. This Agreement will be interpreted under and governed by the laws and legal principles of Aruba, without regard to its conflicts of laws principles or statutes.

YOU AND OWNER AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN ARUBA AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF AN ARUBA GOVERNING BODY (IF NO SUCH BODY EXISTS, THE AMERICAN ARBITRATION ASSOCIATION). THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR, AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF ARUBA. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND OWNER AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN ARUBA IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND OWNER AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

Additional Provisions

No waiver of rights under this Agreement by either party will be recognized unless made in writing and signed by the party to be charged. This Agreement is solely between Owner and you and will not confer any rights or remedies upon any third party, including third party beneficiaries. A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.

OWNER AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR APP MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OWNER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONTEARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Notice

Any notice required under this Agreement must be made in writing to Biz Media vba, P.O. Box 4102, Noord, Aruba with a copy via email to contact@aruba-eguide.com.

Privacy Policy

Owner takes your personal privacy very seriously and undertakes commercially reasonable efforts to protect your personal and personally identifiable information. Owner has adopted this Privacy Policy (hereinafter “Privacy Policy”) to inform you of its collection and use of personal and personally identifiable information. You understand and agree that you have a responsibility to read and understand this Privacy Policy.  This Privacy Policy is expressly incorporated into this Agreement.

Owner may collect personal or personally identifiable information from you when you download and/or use the Aruba eGuide App. This personal or personally identifiable information may include but is not limited to first and last names, email addresses, Apple ID, social media account information, postal addresses, cities, zip codes, telephone numbers, ages, usage data, such as the frequency of use or the pages visited within the App, mobile device model, operating system version, application version, your location (to provide you with services), and other geographical location information (hereinafter “Personal Information”). 

By using the Aruba eGuide App, you expressly consent to the collection and use of your Personal Information to communicate with you, both by Owner and Members, whether through email, telephone, text messages, or messages within the Aruba eGuide App, to provide you with service and support, to provide you with information concerning Owner’s benefits or services, to display third party advertisements, to store, archive, retrieve, and make copies of your User Generated Content, to understand your needs and requests, to tailor the Aruba eGuide App according to your preferences, and to otherwise facilitate your use of the Aruba eGuide App, its upgrades, or its replacements. Owner provides you with the ability to opt out of Owner’s transmission of your Personal Information where made available in the Aruba eGuide App. 

You understand and agree that Owner will not be held responsible for any third party communications sent by entities that Owner does not own or control, including Members.

By using the Aruba eGuide App, you expressly consent to the collection, transmission, storage, archival, and processing of your Personal Information by Owner, including but not limited to the transfer of your Personal Information across national borders. Except as otherwise provided in this Privacy Policy, Owner does not sell, rent, transfer, or lease your Personal Information to any individual, business, or government agency except to comply with a duly authorized subpoena, to comply with an applicable law or regulation, to protect Owner, its employees, its property, or third parties on its property, to provide you with collect, transfer, and store your User Generated Content, to display third party advertisements within the Aruba eGuide App, to provide you with information or services that may be of interest to you, or to aid Owner in the acquisition or sale of a business unit or subsidiary.

You, upon download of the Aruba eGuide App, may agree to push notifications.  You can modify your settings should you no longer wish to receive such push notifications.

Owner may receive your Personal Information from other sources, including but not limited to third party websites that have contracted with Owner. Owner and those with whom it has contracted may also use this Personal Information pursuant to the terms of this Privacy Policy.

You acknowledge and agree that Owner is not responsible for any third party links, content, or communications sent to you from entities or individuals that Owner does not own or control. You are advised to review the privacy policies of all third party websites, including that of Members.

If Owner purchases or sells and business unit or subsidiary, including but not limited to a complete sale of the Aruba eGuide App or Owner, your Personal Information will continue to be used consistent with the terms of this Privacy Policy.

Owner has adopted commercially standard and commercially reasonable encryption to protect your Personal Information. Owner cannot guarantee that its security system is completely safe and secure and you provide any and all Personal Information at your own risk.

You are responsible for ensuring that your Personal Information is current and accurate and you understand and agree that you have a continuing duty to inform Owner of any changes in your Personal Information. You understand and agree that Owner will not be held liable for any issues that arise out of or in relation to your failure to update your Personal Information.

California residents have the right to receive information that identifies any third party companies or individuals that Owner has shared your Personal Information with in the previous calendar year, as well as a description of the categories of Personal Information disclosed to that third party. You may obtain this information once a year and free of charge by contacting Owner at Biz Media vba, P.O. Box 4102, Noord, Aruba with a copy via email to contact@aruba-eguide.com.

Owner reserves the right to amend or change this Privacy Policy at any time.  If Owner changes or amends this Privacy Policy, the Effective Date will change. You understand and agree that your use of the Aruba eGuide App after a change in this Privacy Policy or its Effective Date constitutes your manifestation of assent to the changes.